Recreational Boat Accidents and the Law

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In 2017, there was a fatality rate of 5.5 deaths for every 100,000 registered recreational boats (also known as pleasure boats) and sea vessels. Boating accidents can leave you with a serious injury or even prove fatal. More concerning is that fact that it would seem that the death rate from fatal boating accidents that includes recreational boaters is on the increase.

When you’re out sailing or in your boat fishing, you want to be able to feel free and safe. The last thing on your mind when boating is to end up in an accident. But they do happen and if you are not at fault, then you should be owed a fair share of compensation for any injuries, deaths, or even repairs needed for your vessel.

Therefore, we’re going to learn everything you need to know if you’re involved in a boating accident in your personal watercraft.

What to Do if You’re in a Recreational Boat Accident

Every boating accident is different because there are numerous ways to be involved. But the steps you take to receive the fair and correct compensation for your injuries or even the death of a loved one.

Seek Medical Care

Even if an injury seems minor, the first thing you should do is seek medical care. That way you can heal and receive all the medical attention you need for your situation. Sometimes, a small injury in the wrong area can lead to bigger problems down the line.

You’ll want to copies of all the medical records from your boat accident injury. These medical records can help your case.

Gather Information and Evidence

If the boat operator at fault carries insurance, you need to gather all the relevant information. However, not all states require a recreational boat owner to carry insurance, like you would with a car.

You’ll also want to gather the names and phone numbers of the boat operator as well as other passengers or any witnesses.

If possible, take photographs of the accident and of your injuries. These photographs may be useful evidence if you sue the boat operator.

Report the Accident

You should always report an accident to the U.S. Coast Guard. This creates a record of the incident that you can use in court.

Federal law requires you to report the accident if someone is killed, has been seriously injured, someone has disappeared at sea, or there’s major damage to one of the sea vessels.

Proving Negligence

In any accident, if you deserve compensation, you need to prove negligence. Negligence is who or what is at fault for the accident. This can be a boat operator or even equipment manufacturing companies.

The most common types of accidents due to negligence are:

  • Collision with another boat: When two recreational boats collide, the fault is usually that of both boat operators. However, one operator is usually more at fault than the other. An injured operator can bring a lawsuit forth against the other operator, or an injured passenger can bring a personal injury lawsuit against an operator.
  • Collision with a wave: In the case of a boat colliding with a wave, it can be hard to tell if the operator was negligent or the wave couldn’t be avoided. If you’ve received an injury due to the negligence of the operator, you can sue the operator for their negligent behavior.
  • Collision with rocks and land: Your injury could be due to a collision between the recreational boat you’re on and land or rocks in the water. It can be tough to prove an operator is liable for such an accident. It has to be proved that the operator could see it and could have made the decision to avoid these collisions. On the flip side, some of these boat accidents can’t be avoided due to lack of light or weather changes.
  • Collision with another boat’s wake: A wake is when s a big change in waves due to another boat speeding, regardless of knowing another vessel is near. This is considered negligence on the boat operator. Hitting a wake can cause injuries or worse, passengers can be thrown overboard and drown.
  • No or little required safety equipment: Federal laws dictate what safety equipment you should have on your recreational boat. For example, there needs to be a life jacket for every passenger on your vessel. If you end up in a boat accident, failure to have some of the required equipment can make rescue harder or even impossible. If you were a passenger on someone’s boat during your collision and the operator lacked safety equipment, you can sue if this leads to an injury.

Some states have either comparative negligence/fault (also known as contributory negligence laws).

These state laws state that, if you’re found at fault for the accident, you won’t be able to receive any compensation. Some state laws state that if you’re found to be somewhat at fault for the accident, you can only receive so much in compensation.

These laws apply to you when your boat accident happens in local ports or local channels. However, none of these state laws can override any applicable federal laws.

What You Need to Prove in Your Personal Injury Lawsuit

If the negligent person or company for your injuries doesn’t have proper boat insurance, you’ll need a personal injury lawyer.

After you and your lawyer has found whose negligence caused your injuries, you will also have to prove:

  • The boat operator owed you the duty of care
  • The boat operator’s negligent behavior was the cause of the boat accident
  • Your injury was caused by the accident and the operator’s negligence

Conclusion

If you’ve been injured in a boat accident or you’ve lost someone you love because of someone else’s negligence, you should absolutely seek legal help. Maritime injury cases are difficult and complex and you will need the help of a personal injury lawyer who specializes in maritime cases to help you.

You can get additional, specific legal guidance on your situation by filling out the boating / maritime accident questionnaire below, or chat online with a Laws 101 maritime law expert.

Proving Liability in an Auto Accident

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Thankfully, almost every car accident in the U.S. is just a minor accident, like fender benders. But even the most minor of accidents can lead to big bucks in damages to your vehicle. Whether you’re involved in small accidents or head-on collisions, if the fault is on the other driver, you’re owed compensation. If so, you may need the services of an auto accident attorney.

This money can help you cover the costs to repair your motor vehicle after a car crash or even cover any medical bills that have piled up from your injuries. Then there’s the pain and suffering this auto accident has caused you and your loved ones.

Negligent drivers need to pay for their lack of attention or crazy driving behavior. They need to take responsibility for the harm they’ve caused. But, to get the compensation you deserve, you need to prove liability or who caused the car accident because of their negligent driving.

We’ll go over these important ideas regarding the liability of the automobile accident and what you need to prove that the other driver was negligent or liable for your pain and money loss.

What You Need to Know about Liability in an Automobile Accident

Automobile Accident

Being in an auto accident is messy, chaotic, and even terrifying. But amidst this tragedy, if you’re not seriously harmed, you’re going to have to pull yourself together so you can fight for your deserved compensation.

Most motor vehicle accidents are easily avoidable and due to one of the driver’s negligence. If so, you have a motor vehicle accident that is caused partially by the other driver and by you.

There are many situations in which a driver or drivers are careless and the result is a frightening auto accident. So, how does liability work in this case?

No Doubt Liability

No Doubt Liability is when there’s no doubt or very little doubt of who the negligent driver is. These types of auto accidents include:

  • Rear End Collisions: Rear end collisions are when one driver runs into the back of another car. This is always the fault of the driver that rear-ends the other driver. While driving, you’re expected to leave a decent amount of space between you and the car in front of you. It’s suggested to leave room for another car in between you and the car in front of you. So, if they have to stop suddenly, there isn’t one of these accidents. They hit you so they’re liable for the damage done to your vehicle, even if you stopped quickly and without much warning.
  • Left Turn Accidents: Left turn accidents refer to when a car is making a left turn and collides with a car that was driving forward. The car making the turn is responsible for checking for oncoming traffic so they can avoid these types of auto accidents. There are a few exceptions such as when the car driving forward runs a red light or is speeding.
  • Traffic Violations: There are car accidents that result from one driver that’s obviously breaking traffic laws. The driver that is breaking a traffic law will always be at fault for the accident. Police reports help in situations such as these. If they gave any citations to the other driver for breaking a driving law, you can get a copy of the police report

Comparative and Contributory Fault

Comparative and contributory fault is when both drivers or multiple drivers are at fault for car accident cases. Each state follows one of these liability systems when there’s an auto accident.

  • Comparative Fault: Comparative fault determines how much each driver is at fault for the accident. If two drivers are at fault, one driver is usually more careless than the other. An investigation will determine the percentage of each driver’s fault. Both drivers can then receive some monetary compensation. The amount will be based on the cost of damages and how much they’re at fault. They can receive the percentage of the full damages.
  • Contributory Fault: Contributory fault is when you’re refused any compensation for your auto accident if you contributed at all to the collision—even if the other driver was much more at fault. Unfortunately, a few states still follow this idea of fault.

No-Fault Insurance

18 states require drivers to carry a “no fault” (also known as Personal Injury Protection) car insurance plan. This cuts down on court time over auto accidents and determines who’s liable for an accident.

Despite negligence and who’s at fault for an accident, each driver can be compensated.

However, these insurance plans limit you from the amount of medical expense money you receive as well as the amount you can receive from losing income or even funeral costs should there be a death.

When you receive compensation from your insurance company, this means you’re not allowed to ask for more money later for the pain and suffering that an accident has caused you.

This doesn’t mean you can’t bring a claim against the other driver if they were liable for the accident and your injuries are more severe than earlier suggested.

In order to step outside the no-fault system, however, there has to be a good reason.

Some of these reasons include:

  • You’re left with a full disability for at least 90 days caused by your injuries from the auto accident.
  • You have a permanent limitation of some part of your body or great limitation of some part of your body from the accident.
  • You’ve received serious disfigurement from the auto accident.

Conclusion

When you’re involved in an auto accident, liability is an important aspect. The more your lawyer knows about the details, the better they can defend you whether it’s against an insurance company or against the other driver in court.

The Truth about Auto Accident Attorneys

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In the U.S., there are over  37,000 deaths a year and 2.35 million Americans are injured or left disabled due to car accidents. Worse still, it seems as though accident cases are rising instead of falling. A car crash can cause grief, permanent injuries to accident victims, and serious damage to your vehicle.

When you’re in an auto accident that causes severe injuries or severe damage, trying to get compensation from the negligent driver’s insurance company might not be enough. They will fight against you at every turn and try to place the blame of the accident on you.

That’s why it’s extremely important to have an auto accident attorney, also known as an accident lawyer, to help you fight for your greatly deserved compensation, whether it’s through a tough insurance company or through a lawsuit against another driver.

We’re going to learn why hiring an experienced auto accident attorney will benefit you after a devastating car accident.

How a Car Accident Lawyer Can Help You

 

If you’re involved in any serious car accident that causes injuries, death, or serious car damage, you should hire an attorney as soon as possible.

Some states have a statute of limitations of when you can file an insurance claim or even a lawsuit against a neglectful or horrendous driver. For most states, you have two years to file a claim.

An experienced and dedicated auto accident lawyer will have knowledge of important laws pertaining to auto accident cases, including property damage, personal injury, and even wrongful death.

These types of attorneys can help you with every step towards receiving compensation for medical bills, lost wages, and your vehicle’s damages.

Auto Car Insurance

After an auto accident that was the fault of the other driver, the driver’s insurance adjuster will come to you within a week to discuss the accident and possibly make a car accident claim

These insurance companies don’t want to have to pay you fair compensation for an accident claim. They want to save the company money so, when they can, they’ll deny your ability to make a claim through their company or try to get you to settle for a much smaller amount than you truly deserve.

An insurance adjuster will attempt to get you to sign a release so you can receive a small amount of money but you can’t sue them later on if you feel you deserve more than you already received.

An attorney can be the mediator between you and the auto insurance company. They can use their knowledge to give you a supporting hand.

Investigation and Evidence

A dedicated auto accident attorney will take the time to gather evidence of the accident and evidence of any injuries you’ve sustained.

They might hire an accident reconstruction expert to reconstruct your auto accident. These experts can determine the details and the fault of the accident.

They will also gather photographs you took at the scene of the accident, the witness’ names and numbers, the police report, and even your medical records about your injuries. Anything that can prove you were hurt due to this accident.

Your attorney will have to request your medical records directly from the doctors that have treated you. In most cases, a doctor doesn’t record the cause of your injuries so then your lawyer will ask for a letter from your doctors that include these details.

All this evidence is gathered so they can prove who’s at fault for the accident. This, in turn, shows that the other driver was also at fault for your injuries and car damages.

This evidence will also help your accident lawyer find a base amount for the compensation you’re owed, from the cost of your medical bills and the cost of your car’s damage—not to mention the fact that it helps to put a price to the pain and suffering you’ve had to deal with because of this awful auto accident.

Negotiations

Next, your car accident lawyer will help with all monetary negotiations.

In most car insurance claims, the case is settled before actually going to court. Regardless of which, your lawyer will have a full case against them.

Either way, an experienced lawyer is going to negotiate an appropriate amount of money from the insurance company or the individual. A great attorney will get you the highest payout possible.

If all else fails, your car accident lawyer already has a case built against them so they will either file a lawsuit against the insurance company.

Filing a Lawsuit

Once a lawsuit is filed, the insurance company has only 30 days to come up with a response to the lawsuit, whether that’s to finally settle or to head before a judge.

Before the actual trial, there will be deposition of witnesses or experts so both sides can interview them. You’ll also be interviewed by the defendant.

These interrogations can get serious and detailed. Be ready for an abrasive interview from the other side. They’ll also demand you have medical documentation or even medical records from years before the accident.

Don’t be surprised if you find an investigator from the insurance company watching your every move outside of your home. They’ll be looking for anything that can discredit you in court.

Then, discovery will start. Discovery is when you’re able to retrieve important evidence that backs your claim from the defendant or even a third party.

Once that’s all said and done, you’ll go to court against the insurance company. Be aware that this entire legal process can take time until everything is settled.

Your car accident attorney will notify you of important dates and keep you informed of everything involving your case, including discussions between them and the insurance company.

Conclusion

An experienced and knowledgeable car accident attorney or law firm can make your claim. Without one and without the knowledge of the law, you can end up with either zero compensation or much less than you truly deserve for your terrifying accident.

Boating Accidents

Boating Accidents

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The various repercussions and hardships that come with being in a serious accident is certainly not the most enjoyable topic to discuss. Yet shying away from this kind of subject won’t help you get a better understanding of what to do when faced with the harsh realities these types of situations present. Of course, most of us are well aware of how more common types of accidents typically tend to play out, so delving into the various legalities surrounding them isn’t something we tend to spend our free time doing. Many people have this attitude, whether it’s by choice or simply the result of never having had to deal with the chaos and confusion that follows an accident where someone is hurt or killed.

Though the suddenness of pain and confusion you feel while in the midst of an accident is to be expected, when these instances occur in water, the situation becomes drastically more serious. When boats and alcohol are also involved, in particular, things tend to go downhill rather quickly. And, although these situations are somewhat uncommon, the legal ramifications are still very serious.

Messing about on the Water

If you are a boating enthusiast who likes to get out to sea with your family, with a few boat owners who are friends, or just like going out on the water and having a good time, it’s in your best interest to know a little bit about how boating accidents—and even boating fatalities—are usually caused and the main legal stipulations are regarding the various types of accidents incurred while boating. This could include anything that uses the waterways from a yacht to a jet ski and every vessel in between. Having this knowledge will help you navigate the rather muddy legal waters you’ll have to make your way through if you happen to ever be involved in a serious boating accident. This article will provide you with this information in the hope that it may help you prepare for the unexpected.

Whenever you find boating hobbyists out on the water, you’re likely to find them enjoying an alcoholic beverage too. This is certainly Ok when done in moderation, but once inhibitions have eased, overindulgence is sometimes the result. When this is the case, the likelihood of being in an accident increases significantly. In fact, about one-third of all boating accidents can be attributed to the driver of the boat is under the influence of alcohol. While many people think that laws involving alcohol and operating boats are not taken very seriously, they are very wrong. In fact, the criminal repercussions of being an intoxicated driver involved in a boating accident are very serious and often lead to the responsible party serving jail time as with almost any kind of vehicle. You can obviously avoid being involved in an alcohol-related boating accident by knowing your own limits with alcohol and by avoiding getting on a boat when you think the driver may be intoxicated.

Stay Sober Rather Than Going Overboard

Boating Accidents one

Avoiding drunken boat captains is certainly a rather avoidable situation, but there are times while boating that unforeseen circumstances present themselves, which can sometimes result in a serious accident. The most common of these are weather related, with strong winds and heavy rain being the culprit behind numerous boating accidents. Also, sun-related issues can become legal responsibilities when heat stroke, sunburn, and dehydration cause serious injury or death. Obviously, in order to avoid these circumstances, it’s in your best interest to check the weather prior to heading out on the water.

The tricky part about both alcohol and weather-related boating accidents is that when these issues go to court, who is going to be viewed as legally responsible for whatever damages were inflicted by these events? Though different locations have different rules surrounding the various boating laws enforced, there are some commonalities you can expect—no matter where you are. The issue of negligence is one such common element you’ll want to be aware of because this is usually how the courts will place the blame. Most courts define an act of negligence as whenever someone fails to conduct themselves as any other reasonable person would under similar circumstances. Basically, anytime there is a boating accident and the court deems that someone was negligent, then they are usually who will suffer the penalties—and often rightly so. Therefore, anyone who is intoxicated, ignores traffic rules and safety regulations, doesn’t properly maintain their boat, or fails to pay attention to potentially extreme weather conditions, can be seen by the courts as acting negligently and, therefore, deemed responsible for any damages incurred, even if they were not the one who caused the accident. Not only will they face rather harsh civil court penalties, but they may also face criminal charges as well.

As you can probably tell, it can often be a rather complicated matter when boating accident cases are argued in a court of law because the person (or persons) who acted negligently is not always clear. Situations where both parties involved in the accident were negligent in some fashion or perhaps an inebriated person bumped into whoever was driving which that caused the accident are just a couple of the myriad variations these cases can have. Therefore, you may need the services of an injury attorney or one of the many experienced boat accident lawyers in your area where you can file your boating accident report.

For these reasons and many others, it’s not only important to have a clear understanding of your location’s boating rules and regulations in case you find yourself in a boat accident, but also to hire an attorney who has an expertise in boating laws. I say this because there is simply way too much legal jargon and information to digest in order to successfully defend yourself competently in a boating accident case. These situations are, indeed, very serious and you don’t want to go into a courtroom where your life and bank account are going to on the line without proper planning and help from a lawyer.

 Wrap Up

In closing, this article has only scratched the surface of what boating enthusiasts should be aware of from a legal perspective. Issues such as insurance responsibilities, injury compensation, and your own personal rights as a boater need to be understood in order to protect yourself while out on the water. What you’ve gathered after reading this article should get you started, but it’s up to you to do your own research in order to safely enjoy your hobby.

If you’ve been in a boating accident, you can get additional, specific legal guidance on your situation by filling out the boating / maritime accident questionnaire below, or chat online with a Laws 101 maritime law expert.

San Antonio Injury Lawyer

How a San Antonio Injury Lawyer Can Help if You Are Injured at Work

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Personal injury cases in the workplace are a dime a dozen, depending on your industry or field of work. Sometimes, mistakes are made and other times circumstance can’t be prevented. Worse still, it appears that injury cases (including catastrophic injuries) are on the rise.

When a serious injury does happen in the workplace, however, you’re going to want to think about legal representation by hiring a San Antonio work injury lawyer, such as a personal injury lawyer, so you know all your rights and the compensation available to you in your frustrating situation.

Texas business and employer laws aren’t the same as every other state in the U.S. Workers’ compensation insurance coverage isn’t a requirement, which is why it’s important to know all your options.

An injury can cost you a lot of money in the long run so you’re going to need all the help you can get. Here, we’re going to fill you in on all the basics of workers’ compensation and Texas laws regarding injured workers.

Texas Workers’ Injury Laws You Need to Know

San Antonio Injury Lawyer

 If you are hurt at work or have an injury that’s the cause of the workplace, you’re going to need to know if your employer has workers’ compensation and how this coverage can help you. An attorney can help you with this.

If your employer doesn’t have workers’ compensation, then it’s time to learn what your options are for compensation in case of an injury.

You should never sign any paperwork without meeting with a lawyer so you can learn about all your legal options regarding your workplace injury.

 Workers’ Compensation Insurance

For your employer, the smart move is to have workers’ compensation insurance coverage for any injuries or deaths in the workplace. This insurance is a big plus, particularly in dangerous workplaces.

This insurance covers any injuries regardless of fault and gives you, the employee, benefits. The only time workers’ compensation can be denied is if the injury was caused by you while under the influence or if you’re messing around in the workplace. Again, an attorney can help you with this.

The state of Texas runs the worker’s compensation insurance program, which includes the city of San Antonio, of course. They also settle workers’ compensation disputes between employers and employees.

However, they don’t pay the benefits. This is done by the insurance company your employer pays through for their insurance.

There are several types of benefits you can receive under a workers’ compensation claim:

  • Income benefits: Income benefits are benefits you receive to help cover the work you’re missing because of your injury.
  • Medical benefits: Medical benefits help cover the medical costs of your injury, from an emergency room visit to even constant treatment if it’s needed and approved.
  • Death benefits: Death benefits are the benefits a family can claim if a loved one was killed in a workplace tragedy. It covers any loss of income due to death.
  • Burial benefits: Burial benefits are benefits that a family receives to cover the cost of burial for a loved one that was killed in a workplace accident.

The con of you receiving these benefits, you’re not getting all the money you deserve or they can find a reason not to give you your workers’ compensation claim.

When someone files a claim, the employer’s insurance premium goes up, just as it does with any insurance coverage.

Workers’ compensation protects your employer from lawsuits from you, the injured, or the family affected by a fatal accident.

However, if the accident was caused by a third party, like a co-worker, you can receive benefits from workers’ compensation and sue the third party that caused your injury.

It’s strongly advised that, even if your employer has a workers’ compensation program, you should hire a lawyer so everything goes smoothly.

If you choose to make a workers’ compensation claim there are steps you must take.

  1. Within 30 days, you need to report the injury to your employer. If it’s a serious injury, let your supervisor know the situation and call 911.
  2. Within a year of the injury, you need to report the injury to the Division of Workers’ Compensation. You do this through a DWC Form 01.
  3. You need to receive medical attention or treatment from a doctor that’s insured under Texas’ workers’ compensation program. If you want to use a different doctor, you need to receive permission or you’ll end up paying the medical bills out of pocket.

If Your Employer Doesn’t Carry Workers’ Compensation Insurance

If your employer doesn’t pay into workers’ compensation insurance, you have the freedom to sue through your personal injury lawyer or law firm if you believe that the injury was caused by the employer’s negligence or the lack of safety in the work environment.

In fact, not only does the Texas Labor Code allow you to sue your employer, it even minimizes your employer’s legal defenses.

If you’re suing and there’s only a small portion of the guilt on the employer and the rest is on you, it’s completely their fault as they didn’t have a workers’ compensation insurance program.

They’re not allowed to use any of the common law defenses as well, such as blaming it on a third party that could have been partially at fault for the injury.

If you win, not only will you receive a larger amount of monetary compensation than if you were to get from workers’ compensation, but this also makes your employer an example for other employers and shady businesses.

You’ll want a personal injury attorney or law firm from San Antonio to help file the lawsuit, from helping you file the proper paperwork to the actual court time.

Conclusion

Regardless of your employer’s decision to buy into worker’s compensation insurance or not, you have options available to you. An injury attorney has the experience to offer legal advice and guide all accident victims of negligence through the process of taking legal action. Though personal injury cases are often complex, you don’t need to suffer anymore than you already have.

Wheeler Accident Lawyer

Houston 18-Wheeler Accident Lawyer

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Each year, there are around half a million trucking accidents in the United States that result in injury. What’s even more shocking is that 5,000 of those accident cases result in death and even wrongful death. These numbers are staggering and even though you may have never been in an accident involving a semi-truck yourself, it’s still helpful to have a little knowledge under your belt on what you should do if you happen to find yourself in this situation.

Of course, you may think that cases involving any size freight vehicle, from small semi-trucks to giant 18 wheelers, that you can just let your insurance company handle whatever legal issues arise. Though this does work out well for some people, there are also many cases that end in dissatisfaction, with little to no monetary damages being awarded to the deserved party involved and personal injury lawyers may be required. In fact, all too often, cases that probably should have ended in a fair result, are lost by either a lack of knowledge surrounding—or a misunderstanding of—the many laws and regulations the trucking industry adheres to.

In order to adequately set yourself up for a successful case, whether you’re in a big city like Houston and St. Louis, or even in a small one-stoplight town, hiring one of the many experienced truck accident lawyers—also known as a trucking accident lawyer—needs to be a top priority. Besides finding this type of specialized representation, there are a few other important details you’ll want to understand. This article will delve into some of the more important information regarding trucking accidents, as well as what steps you should take after having been in an accident. Knowing this information will not only help those who have already been in a trucking accident get a fair legal result but will also grant confidence to those who may face this dilemma in the future.

Before we get into the important steps regarding what a person should do when involved in a trucking accident, it’s first important to understand why legal cases like this are substantially more serious than your typical two-car wreck and an attorney is needed in almost all cases. Whether caused through negligence or not, this seriousness arises from the fact that these types of vehicles tend to cause significantly more damage simply because of how big they are compared to the other vehicles they share the road with. Your average fully loaded 18-wheeler truck weighs around 80,000 pounds, and when it collides with your average 4,000-pound car, the damage is usually catastrophic with the car taking the brunt of the damage. Also, when a large truck and car collide, the force created by the speed of the truck usually ends up propelling the smaller vehicle into any other cars, trucks, or people who happen to be in its path. This is not a unique or rare occurrence, either, as four out of every five auto accidents involving large trucks are classified as multi-vehicle type wrecks.

Wheeler Accident Lawyer

Since truck accident cases will most likely result in multiple people and vehicles being involved, as well as the fact that these trucks will cause significant damage to whatever it hits, the insurance the driver or company that owns the truck has, will be pretty extensive. More specifically, the amount of liability insurance these trucks require makes any legal action from accident victims a rather complicated and high stakes affair. I say this, simply based on the fact that not only will both you and the driver of the truck have a stake in the result of the case, but so will the company that owns the truck, the insurance companies for both parties, and perhaps even the company that manufactures the truck. With so much money and so many people involved, cases like these require little room for error on both sides and can take months to resolve.

To give yourself the best chance to get a favorable result, there are certain steps you should be aware of. The first is to immediately get to a doctor and have a complete medical evaluation carried out. Of course, this is only necessary if the injuries sustained don’t require an immediate emergency medical response—unlike a spinal cord injury or other catastrophic injuries—but are still serious enough to require compensation.

Like with all motor vehicle accidents, you will also need to report this accident to the police and your insurance company. This is where things tend to get a bit convoluted as insurance claims adjusters for both parties involved will usually try and get you to sign off on some sort of deal that will prevent any further legal action by you. Do not be swayed by these individuals to sign off on anything unless you have an experienced lawyer there to go over the details of the accident injury with you. These initial offers are usually on the low end of the spectrum and, in most cases, they are not fair and you won’t receive maximum compensation.

After you’ve managed to avoid these potential pitfalls, you’ll then want to find experienced truck accident lawyers. These professionals will know all of the intricacies about a personal injury case involving an 18 wheeler and will be your best chance to win. I say this because they will know and have access to key experts, witnesses and evidence that will give you the upper hand against the opposition. This is especially true when hiring a lawyer who is based near the location where the accident occurred. Being from and having an expert understanding of the local and state trucking laws and regulations will ultimately work in your favor. Thankfully, even if you are not from the area, you can still find a competent lawyer who is by simply doing a quick Internet search.

Following the information in this article will certainly help start you well on your way to a fair case result and hopefully help ease whatever burdens your accident has caused. It’s important to be involved and proactive with your case and not just assume things will get taken care of by people who may not have your best interests at heart. Hire a Houston truck accident lawyer and follow the steps outlined in this article and you’ll most likely be satisfied with the result or, at the very least, be able to live knowing you did all you could to win.

Oilfield Injury Lawyers and What You Should Know

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More and more workers are traveling to other states, such as Texas, for the well-paying work on oil rigs and in the oil field. However, the demand for oil workers can’t keep up with the rate of injuries working in this industry can cause.

On-shore oil drilling can be just as dangerous as working on an oil rig out in the ocean. Injuries caused by this line of work are some of the worst injuries that American workers have ever seen and can even lead to death.

So you can protect yourself from a serious loss of income, you’re going to want to know your rights if you’re injured while working on an onshore drilling rig. Now, there are more workers than ever visiting a law firm to seek legal advice and decide whether starting a case is possible to receive compensation.

This article will outline all the important aspects to an oil field injury and the lawyers who work tirelessly, as they do with all their clients, to save you and your family from astronomical medical bills.

What You Should Do if You’re Injured on an Oil Field Accident

oilfield injury lawyer

If you’re ever injured will working for an oil field or if your loved one was killed in a work accident on an oil field, there are important steps you need to take right away.

If you don’t go through the right channels or you don’t hire a lawyer with experience in oil field accidents and injuries, you’re opening yourself up to a minefield of complications and possibly even the run around from the company that you work for.

    1. Call 911. When a serious accident occurs that leads to an injury, your very first step should always be to call emergency services. Even if the injury seems minuscule, it’s best to be careful. The ER doctor you see can also be a credible witness on the injuries you sustained while working. For follow-ups after the initial visit, your employer may refer you to a company doctor. Sometimes, these doctors want to make sure you don’t receive benefits so when possible, all see a doctor on your own to make sure everything is being done for your injuries.
    2. Notify Your Employer and Supervisor. Before you head to the ER, your supervisor should know about your accident. You may be asked to file an incident report or your supervisor might be required to fill it out. Every detail and every little pain should be recorded in the incident report. Then it’s both of your responsibility to let the big wigs know of the accident. If you fail to notify your employer of the injury, you can either be fired or not receive all your much-deserved benefits.
    3. Get Contact Information from Witnesses. It will help you down the road if you have the contact information from every witness there. You never know when you’ll need them to help you with a lawsuit.
    4. Get a Consultation. As soon as you’re stabilized and home from the hospital, you’re going to want to get a consultation from an experienced lawyer about your accident in the workplace. They can let you know if you have a case against your employer or what you need to do to claim workers’ compensation benefits. Having a professional on your side ensures you get every bit of money you deserve or your family deserves. If a workers’ compensation insurance adjuster comes knocking, you should never speak to them without a proper lawyer on your side.
    5. Keep Medical Records. This will be an ongoing process so it’s important to keep all relevant paperwork regarding your accident or injury. This includes medical records about your injury and treatments as well as your medical bills from the injury. 

What Happens Next?

 If Your Employer Has Workers’ Compensation Insurance

What happens next depends on different variables. First of all, if your employer has workers’ compensation insurance and you’re employed in Texas, you can’t go after your employer in court for negligence.

Once you start receiving worker’s compensation as benefits, you’re denying your right to sue. Well, technically, if your employer has workers’ compensation, they’re legally making sure you can’t sue through a law firm or specialized injury attorneys.

You’ll still want an attorney with knowledge of workers’ compensation to make sure you get all the benefits you deserve for your accident. You’re racking up medical bills and losing out on income on the job, so every penny counts.

Even if you’re receiving worker’s compensation, if a co-worker or a product was at fault for your injury, you can sue a third party for monetary compensation. Your lawyer can help you decided if this is the best route for you.

If Your Employer Doesn’t Have Workers’ Compensation Insurance

If you’re working on an on-shore oil drilling operation in the state of Texas, your employer is not required to pay into workers’ compensation insurance.

If your employer was at fault for your injury due to negligence, this gives you an advantage. You can take your employer to court and sue them for much more money than you’d ever be able to get through workers’ compensation.

Better yet, the law is on your side if you sue. Texas courts ensure that your employer can’t use any common law defenses in court. This is a type of punishment for your employer not having workers’ compensation insurance.

Once your employer has been sued and has lost, more than likely they won’t make that mistake again.

This can help any other injured employee that works for the same company.

Conclusion

Oil field workers are at great risk of being involved in an oil rig accident, especially during drilling and fracking, leading to serious injury, or worse still, death. You and your family should be backed by an experienced attorney from a reputable firm, such as a personal injury lawyer or, better still, one of the many specialized oil field injury attorneys who will make sure you get every cent you deserve.


Workplace Injury

The Importance of Workplace Injury Attorneys

Legal AssistantPersonal Injury Law, Personal Injury Lawyers Leave a Comment

Unfortunate little accidents that lead to serious injuries can and often do happen in any workplace.There’s no denying the obvious. But what do you do when you suffer from a work-related injury which was caused by the negligence of your employer?

The majority of companies will find any minuscule reason not to award you your workers’ compensation for a workplace accident and won’t entertain contacting their insurance company. You’ll be bombarded with medical bills and lose time from work. So, who’s going to have your back when you’re fighting for the compensation you deserve?

The Department of Labor reported that there were around 2.8 million nonfatal worker injuries reported by private industry employers in 2017.Hiring a workplace injury attorney gives you the best chance to receive proper compensation from your employer when you are injured by your employer’s own negligence.

We’re going to let you know about workers’ compensation laws, when you need to hire a workplace injury lawyer or other law firm and what they can do for you, as an injured worker, in your time of need.

Types of Workplace Accidents That Lead to Injuries

A work-related accident in the workplace that leads to a personal injury can happen at any time. The most common accidents and injuries in the workplace include:

  • Burns from fires or chemicals in the workplace
  • Car accidents while traveling for work
  • Chemicals and toxic substances that can make you sick through exposure
  • Defective equipment due to the manufacturer or being poorly maintained by the employer
  • Defective structures that were either designed poorly or were installed improperly
  • Falls, trips,and slips from poorly maintained areas
  • Failure to mark dangerous areas such as spills or areas that are under construction

Fighting for Workers’ Compensation Insurance

Most major employers carry workers’ compensation insurance but when they analyze an accident, the company can be biased and deny their responsibility for your injury.

Furthermore, most workers’ compensation insurance policies won’t pay you the amount of money you deserve for your hospital bills, the money you’re losing from time off of work, and the mental health consequences that come along with an injury.

If you accept workers’ compensation for injury or illness from your employer, you can’t sue them outside of your workers’ compensation benefits. Once you receive these benefits, you are denying that your employer was liable for the accident or injuries sustained.

This is where a personal injury attorney comes into play. Your lawyer can help you get all the medical treatment and compensation benefits you are entitled to from your injury from your employer’s worker’s compensation policy.

However, some states don’t require companies to have a workers’ compensation insurance policy and the laws surrounding these insurance policies can differ for each state.

This can create an extra sticky situation for you in terms of receiving proper compensation.A work injury lawyer can help you in these frustrating situations as well. They’ll fight rigorously through a lawsuit with your employer or even any third parties involved in your accident.

With education and experienced workplace injury attorney, you’ll never have to worry about the financial situation your injury has put you in.

Injuries Due to an Employer’s Negligence

There are several different types of workplace accidents that can chaos in your life and that were caused by the negligence of your employer.

Since receiving worker’s compensation and medical expenses allows your employer to deny any responsibility for your accident, you may choose instead to fight your employer for negligence through a personal injury lawsuit.

Though almost every personal injury case is different, negligent situations in the workplace include:

  • Negligent Hiring: When an employer hires, they need to do background checks. If a coworker is violent or dangerous and has a criminal history, they shouldn’t be hired. If your employer hires them anyway with the knowledge of their history or fails to do a background check, they aren’t doing their job. If this employee is the cause of your accident, it’s considered negligent hiring.
  • Negligent Retention: Some accidents happen because you might have an unsafe coworker. When your employer hires an employee that continues to work unsafely, it’s up to the employer to either correctly train the employee or dismiss them. If not, someone can get hurt and that responsibility will fall on your employer.
  • Negligent Supervision: Negligent supervision is when your employer isn’t supervising the work of you and your coworkers and this results in someone being injured at work. This can also tie in with negligent training.
  • Negligent Training: If a coworker is the cause of your accident and it’s due to insufficient training, this falls back on your employer. It’s your employer’s responsibility to make sure every employee is trained and trained properly for your workplace needs. When an employee isn’t trained, this can cause accidents and injuries that could have been otherwise prevented.

How a Workplace Injury Attorney Proves Your Case for Negligence

In order to have a successful negligence case against your employer, your workplace injury attorney will have to prove four important factors in court.

These four elements include:

  • Duty of Care: An injury attorney will have to prove that your employer owed you a duty of care. In exchange for your work and besides payment, your employer owes you a safe workplace.
  • Duty of Care Was Breached: Once your injury lawyer proves that your employer owed you a duty of care, they must prove that that duty of care was breached. They will find evidence that proves this. This is where negligent hiring, negligent retention, negligent supervision,and negligent training come into the picture.
  • Injury: Next, your attorney must prove that you were actually injured. This will include medical records of your injury from a proper doctor.
  • Injury Due to Breach: Lastly, your attorney will have to prove that your employer’s breach of care of duty is the cause of your injury or injuries.

Conclusion

The right personal injury lawyers will be fully up to date on the very latest worker’s compensation laws and can make a big difference in either your claim or going to court for employer negligence. Their education and expertise in the injury field will guide you to the money you deserve for your injuries.

Jones-Act

Jones Act

Legal AssistantBusiness Law, Maritime Law, Personal Injury Law, Personal Injury Lawyers 1 Comment

No matter where you are in the world, you’re going to find laws that are controversial and, perhaps, downright unjustifiable. This is simply an unavoidable part of existing in the world today and, although societal progress has led to the elimination of numerous outdated and contentious regulations, there are many that still remain. Of course, this certainly doesn’t imply that as a civilized society we’ve somehow plateaued and are no longer progressing in the way we legislate, but rather there are just some legal codes that require careful thought before changing or dismissing.

The Jones Act of the United States fits this description as it has been hotly debated for many years. If you aren’t aware of what this particular law entails, or why it has been a source of debate, then this article is definitely something you should read. I say this because the Jones Act creates a rippling effect worldwide that affects many peoples’ lives, perhaps even your own. In this article, you’ll find out what this law entails and the various positive and negative repercussions it has on the people, communities, and countries it affects.

A good place to start dissecting the Jones Act is to first establish a firm understanding of what this law actually does. In order to do accomplish this, you’ll obviously need to know a little bit about its history. The Jones Act, which is also known as the Maritime Law and the Merchant Marine Act of 1920, is a United States legal code that is designed to help aid the government to regulate maritime commerce and maritime administration in the navigable waters of U.S. territory. It does this in a few ways, but the part that continues to be debated to this day is the law explicitly stating that all goods being shipped between any seaports overseen by the United States must be done so only by ships built in America. That’s not all, as the act goes on to say that not only do the ships transporting goods between American ports have to be made in America, they must also be owned and operated by American citizens or permanent residents of the country.

The law was partially created in order to give the U.S. economy a much-needed boost in the wake of the first world war. It also provided the sailors on these ships much-needed liberties, including the ability to sue the captain, crew or company operating the ship for any damages incurred during voyages. There are certainly more reasons and rationales behind what motivated the government lawmakers, as well as private citizens and lobbyists who rallied for this law’s creation, but let’s leave the past in the past. That’s not to say that this part of the Jones Act’s history isn’t important; it just doesn’t have much of an impact on how people argue for or against the law presently.

For some, the language of the law makes sense because it allows for United States-based companies to have a monopoly over whatever goods are going to and from American ports. Also, back in 1920, the United States was not the global economic power it is today and the Jones Act was a rather inventive way to cut all other countries out of its growing shipping industry. The tricky part about the Jones Act, however, is that, even though it helps some people, it hurts, perhaps, just as many—if not more—in the process. As mentioned above, the act does help sailors recoup damages incurred during voyages and it also is beneficial for American maritime businesses and the U.S. economy as a whole. By excluding foreign ships from moving goods between U.S. ports all of the profits from this industry stays in America. If this weren’t the case the United States wouldn’t be able to compete with other countries because they simply don’t have as many ships, ship manufacturers or maritime workers as most other countries.

The complexity of the Jones Act comes into play when you begin to break down how it drastically impairs certain parts of the United States shipping industry. Specifically states and territories outside of the continental United States like Alaska, Hawaii, and Puerto Rico which rely on the shipping industry for the majority of their goods. Since the Jones Act only allows these places a limited number of options when it comes to who can bring them what they need, the prices of everyday items are much more than what you see on the mainland. It’s basic supply and demand economics with the supply of Jones Act ships being much smaller than what the demand for goods is in those locations. The small number of ships that can transport to Alaska, Hawaii, and Puerto Rico allows for very little competition to supply the demand for goods. This means they can charge higher prices because there is nobody else offering cheaper more competitive rates. These locations, as well as the mainland states also see delayed shipments and increased costs simply because there aren’t enough Jones Act ships to meet the demand. Puerto Rico is, perhaps, the area who suffers most under the Jones Act with shipping costs being twice as much as what they would be if allowed to be brought in by foreign ships from foreign ports.

As you can see, the Jones Act is unquestionably a double-edged sword that many people want to see changed or eradicated altogether. Unfortunately, if the law was repealed many people would lose jobs, the United States shipping industry would get taken over by foreign businesses, and the American economy would be drastically affected. There have been instances where the Jones Act has been temporarily suspended, but these only occur after a natural disaster when the need for goods is a matter of life and death.

There have been many ideas on how to improve and change this law throughout the years since its conception, but they often further contribute to the problem instead of solving it. In fact, a supreme court ruling in 1995 specifies that anyone working on a Jones Act ship for less than 30% of their annual workload is not considered a “Jones Act seaman,” which prohibits them from many of the benefits they would otherwise have got such as compensation for medical expenses and lost wages for a work-related injury or other negligence by the employer. This 30% rule is also attached to anyone working on a “vessel” which is defined as anything capable of being used for transportation over water, including surfboards and kayaks. This hurts a lot of recreational business who now have to incorporate this rule into their business plan which undoubtedly complicates everything.

Injury-Lawyer

Injury Lawyer

Legal AssistantPersonal Injury Law, Personal Injury Lawyers Leave a Comment

Due to the rather fragile nature of the human body, nobody in this world is impervious to injury. No matter how careful and protective you are, there’s simply no avoiding the fact that at some point in your life you’ll suffer some kind of bodily harm.

Though the seriousness of this inevitability certainly has a broad range of effects and causes, some unfortunate injuries can seriously alter the course of a person’s life. When these types of personal injury arise, the pain and mental anguish of the damage caused are not the only uphill battles this unfortunate soul will be faced with. In fact, even after fully recovering both mentally and physically from the injury, there will usually be some kind of financial repercussion this person will have to deal with as well.

These monetary responsibilities are often the hardest part of the process to overcome, especially when the injury has left the person unable to work or perhaps even care for themselves on a day-to-day basis. There is somewhat of a silver lining, however, because there are many great injury lawyers who can dramatically help ease these burdens.

A personal injury could include medical malpractice, a birth injury, defective products, an auto accident, property damage, and so on. Furthermore, even though it wasn’t necessarily your fault, who is going to pay for medical care and medical expenses, lost wages and workers’ compensation—and ensure fair compensation? Of course, not every injury requires the need for a lawyer, but if you feel that your injury was caused by the fault of someone or something other than yourself, then this article is definitely something you should read. I say this because it’s not always easy to know what skills, knowledge, and experience a good injury lawyer should have. Thankfully, this article will explain what any person seeking compensation for their injury should be on the lookout for when choosing a lawyer to represent their case. There is also a bit of general advice sprinkled in that will also help guide you throughout this process.

To start, it’s first important to understand that choosing a lawyer, law firm or injury attorney to help begin a personal injury lawsuit and ensure you receive compensation for your personal injury can often be a rather personalized choice. This is certainly understandable as some people may value certain characteristics in their lawyer over others. Some want their council to be friendly and sympathetic while others care more about a lawyers’ success rate rather than their personality. With that being said, the advice in this article does not exemplify one characteristic over any other but is simply a guide to some of the more helpful qualities to look for in a good injury lawyer.

When going through the process of finding an injury lawyer for a settlement, it’s often beneficial to be aware of and put a little faith in your initial impressions of the lawyer you are thinking of hiring. If you sense a strong feeling of honesty, loyalty, and sympathy coming from your personal injury lawyer then you should probably give them serious consideration, even if they don’t have the most experience. The same advice goes for any negative “gut” feeling you sense from a lawyer too. Don’t be pressured into hiring someone you feel lacks empathy or gives off an icky vibe. Our natural instincts are commonly more right than wrong and should definitely be evaluated during your search.

Another item to be conscious of when looking for the best personal injury attorneys you can afford is the amount of experience they have in personal injury cases similar to your own. You’ll typically want to avoid the somewhat younger and less experienced attorney as they simply don’t have the knowledge and experience that comes with years of practice regarding injury cases and receiving a settlement that is fair. This is especially true if your case is against an insurance company who will have a significantly larger team of lawyers or even an entire law firm with decades of experience in these types of cases. You can find quite a bit of information about any lawyer by doing an internet search or calling your state or country’s local bar association.

Besides having a solid understanding of your potential lawyer’s injury case, you’ll also find it helpful to know a little bit about their educational background and how active and involved they are as an injury lawyer. You can usually find information regarding a lawyer’s education from their website or the local bar association. Though where any particular lawyer got their law degree doesn’t fully encapsulate their skill and knowledge, it’s fair to say that some schools are better and more challenging to their students than others. If you or anybody you ask has never heard of the school where your potential lawyer attended, you may be better off looking elsewhere. The same goes for any lawyer you come across that isn’t up-to-date and actively involved in injury law. You should strongly consider men and women who do more than just go to court every once in a while. Pretty much any lawyer can claim to be an injury specialist, but most will only have completed the minimum requirements to work in the field. Look for an attorney who has recently published work or held lectures and seminars on the subject. These actions display a level of dedication, passion, and knowledge of the subject which is sure to help your odds of winning.

To wrap up, there are also a few basic items you should be aware of when looking for a good injury lawyer. The first is how much do they expect to be paid if the case is ruled in your favor and also what they expect if you lose. You should also acquire a good sense of how their law office works. Questions such as “How many current cases are you handling?” and “How much time can you devote to my case?” will help you get a good sense if they are a good fit for you or not.

These are just a few of the helpful ways that will hopefully aid you in finding a good injury lawyer and there are certainly many others that you may want to consider. You often only get one chance to get compensation from those you feel are either partially or fully responsible for your injury. Following these tips will definitely increase your chances of winning and although it can’t undo the pain and suffering your injury has caused, it can, however, bring a fair amount of relief and closure to this chapter of your life.